Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-02-15
WHY WEST WANTS ANOTHER
TRIAL.
Two Jurors Said To Have Been Asleep
The Question Of Race and Religious
Prejudice.

AS stated in THE STAR yesterday Mr. D. E. Ca
hill, counsel for John L. West, who was recently
convicted OF h0usebreaking and assault upon Mrs.
Mary l. Page with intent to rape, filed a formal
mOIlOn Tor new trial The reasons urged for
granting the motion are first. error in cOnsOlidat-
Ing Two Indictments; second, because the punish
mentS OF the two OnenSeS tried together are d.
verse; third, because from the nature OF the
crimes charged they are not the same act or trans
action nor two or more acts and transactions con-
nected together; fourth, because the court re-
fused TO require the United States to elect upon
which of the two indictments it would proceed to
trial; fth because the court refused to quash the
last Indictment and because the court had allowed
Jurors VINO had formed opinions to sit; SIXTH be-
cause Whlle the chief witness OF the government
was engaged In teSt1fy1ng one OF the jurors asked
her: "Are you Catholic, and do you observe and
perform your religious duties as such?" to which
she answered in the affirmative and thereuDOn
the )uryman propounded no other question, but
placed increased and greater trust and reliance in
ner testimony than he otherwise would have
0One; seventh, because Assistant ATTORNEY
LpscOmb, in the argument, sustained such
questions; eighth, because the assistant District
attorney appealed to the two colored men who
were on the jury by name, and invoked class and
race prejudice; ninth, because although the court
and counsel inteIfered the effect OF this appeal
little reliance could be placed on expert TESTIMONY
In cases OF this kind: eleventh, because the Dis
trict attorney said that If the defendant escaped
community would be safe;" thirteenth, because
the court ruled that insanity must be established
6 6y prepondeIance Of proof; fifteenth because
Dr. Garnett said that II mere headaches were to
be received as excuses for rape, our wives and
daughters were not safe; sixteenth, because on
several occasions one OF the Jurors j. L. Webster
was asleep and seventeenth because on other Or,
caSlOnS Brown was asleep and had TO be awakened
from sleep to hear important evidence; eighteenth
because OF newly discovered evidence. the aftida-
WIS OF three cOlOred men, Douglas, Lyons and Bur-
CESS depoSing that the cOlored jurors, Webster
and a Brown, were asleep during part OF the trial.
are appended The motion will be heard in a few
days by Judge Macarthur.
PRESENTATION TO LANsBURGH BRos.-Lans-
Hay, in the name OF the Clerks Mutual Relief assO
citation, with handsomely framed set or engrossed
800 TO the association last Christmas, and for
their Kindness and consideration at all times
MI. Gustave Lansburgh responded in happy
manner. The resolutions are signed by +. Bresiau
president; E. A. Backrach, vice president: H
Hirsch, recording secretary; Phil BlOndheim.
financial secretary, and Frank F. Mayer, treasurer
JUDGMENT BY AGREEMENr.-In the case Of the
United States agt. Mckibben, as surety ON the
ternal revenue in Texas, for $50 900, Judgment by
agreement was entered in the Circuit Court to-day
Tor the amount OF deficit, $7,166.42
PAINTING THE BOXES RED.-POStmaster Conger
has had the letter boxes in the central portion OF
the city where five trips day are made by the
carriers painted red This is done. the POSTMASTER
says so the boxes can be easily seen at a distance
In the sumner when the trees are In foliage the
dark green boxes on the dark green lamp posts
against back ground sometimes OF green FOLIAGE
do not attract the eye. Whenever one sees red
letter box on lamp post, 1t is a sign at present
that i've collections are made daily from that box
SALE OF PROPERTY ON THE B. & O. RAILROAD
The Ben Holiday farm on the B. & o. railroad ex-
tending from Highlands to EVANSVILLE, and con-
tanning 2O6 acres, has been sold to j. H. RalstOn
as trustee for a syndicate of gentlemen, whose
purpose Is to subdivide the land into villa Sites
The tract includes 70 acres In Hyattsville and at
the south end adjo1ns the tract recently sub
divided by Mr.. Thomas e. Waggamal.